Wednesday, 07 March 2007

KYRGYZ MINISTRY OF JUSTICE, PARLIAMENT WANT TO LEGALIZE POLYGAMY

Published in Field Reports

By Erica Marat (3/7/2007 issue of the CACI Analyst)

Since then, Kyrgyzstan’s gender representation records has drastically worsened, placing the country behind all other post-Soviet states. In fact, Kyrgyzstan today is comparable with countries such as Qatar and Saudi Arabia, where parliaments do not feature a single female representative.

The recent initiative by the Kyrgyz Ministry of Justice to remove polygamy from the criminal code, and make it a matter of moral judgment, is partly a result of poor female representation in the governing structures.

Since then, Kyrgyzstan’s gender representation records has drastically worsened, placing the country behind all other post-Soviet states. In fact, Kyrgyzstan today is comparable with countries such as Qatar and Saudi Arabia, where parliaments do not feature a single female representative.

The recent initiative by the Kyrgyz Ministry of Justice to remove polygamy from the criminal code, and make it a matter of moral judgment, is partly a result of poor female representation in the governing structures. According to Minister of Justice Marat Kaiypov, allowing polygamy could potentially reduce poverty and prostitution. Furthermore, men sharing a household with more than one woman should not be treated as criminals.

The issue of polygamy was already considered in the Kyrgyz parliament in the late 1990s. It then raised widespread discussions in local mass media outlets. Today, the chances that the parliament will legalize polygamy are relatively high.

According to Tokon Shailiyeva, chair of the Novaya Sila political party, the president is unlikely to sign the bill even if the parliament approves it. Shailiyeva comments that women comprise 52 percent of the Kyrgyz population and 80 percent of them are from rural areas.

Although not represented in the parliament, Kyrgyz women are most active in the NGO sector. A number of female leaders speak out on a weekly basis on political, economic, and social issues. Aziza Abdurasulova, a civil rights activist, was the key leader of the movement against the Heavily Indebted Countries Initiative. President of the Foundation for Tolerance, Raya Kadyrova, was actively involved in designing constitutional reform and pushing President Kurmanbek Bakiyev to delegate his powers during the mass protests of November 2006. Former Foreign Minister Roza Otunbayeva is also a known public figure and an active opposition leader.

In the mid-1990s, the number NGOs dealing with gender issues in Kyrgyzstan soared due to the availability of external funds for gender-related projects. Such NGOs usually dealt with family abuses and women’s health issues. However, they did not focus on women’s participation in politics. A political party, “Moya Strana,” proposed to elect 15 female representatives to the parliament to meet the present constitutional provision that requires a 90-member parliament. The proposal raised widespread condemnation among the Kyrgyz public.

Some Kyrgyz experts think that by bringing up this controversial issue, Kaiypov tried to please Bakiyev, who is known to have a second informal wife and children. Many other Kyrgyz politicians and businessmen also have second and third wives registered by a Mosque. Most local Islamic clergymen register religious marriages after the first wife’s consent. In cases of divorce, however, women registered under Islamic law are not able to legally claim property, and the religious community does not support them either. Widespread cases of bride kidnapping are another alarming trend in Kyrgyzstan. Although a basic legislative base prohibiting bride kidnapping exists, acts of forceful marriages are rarely persecuted.

A religious movement, Mutakalim, actively supports Kaiypov’s initiative and speaks out for a greater role of Islam in politics. In particular, Mutakalim’s Chairwoman Jamal Frontbek kyzy frequently calls for the legalization of polygamy. She also insists that women should be allowed to wear a hijab on passport photographs. Mutakalim collected 40,000 signatures in support of this idea. According to Frontbek kyzy, hundreds of women wearing the hijab throughout the country are not able to receive passports because they refuse to be photographed bareheaded. In case the government declines Mutakalim’s appeal, the movement’s supporters say they will stage public demonstrations. Up to 30,000 women are ready to stand for their rights, Frontbek kyzy told the 24.kg news agency on February 14. Frontbek kyzy also thinks that holidays such as St. Valentines Day on February 14 undermine moral values among younger generations and harm social cohesion.

One reason why polygamy turned into a controversial issue is Kyrgyzstan’s new constitution, adopted in December 2006, that omits the stature on secularism. The previous constitution defined the Kyrgyz state as secular, but the stature was neglected in the December 2006 constitution, partly because the secular nature of Kyrgyz politics was a generally accepted fact. Former Kyrgyz president Askar Akayev occasionally referred to “God” or “higher powers” in his public speeches and books. His references were rather metaphorical than political, and did not raise any controversies.

However, the lack of women representatives in the government and parliament is still the main reason for proposals such as legitimization of polygamy. The situation may change in the next parliamentary elections for two reasons. First, women are already active civil society actors. Second, according to the new constitution, 50 percent of mandates will be distributed according to party lists. This will help female representatives to rely on their party’s support, whereas they fare worse in single-member constituencies that benefit business interests.

The major challenge for female representation, however, could in fact be the generally lower financial capacity among women. In local government, the percentage of female representative is slightly higher, but most women candidates are wives of known political figures or successful businessmen.

Indeed, in authoritarian countries like Belarus, Tajikistan and Uzbekistan, women’s representation in the parliament is unlikely to influence the political process. However, Kyrgyzstan cannot claim to have a more open political system unless women have better chances for political representation.

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The Central Asia-Caucasus Analyst is a biweekly publication of the Central Asia-Caucasus Institute & Silk Road Studies Program, a Joint Transatlantic Research and Policy Center affiliated with the American Foreign Policy Council, Washington DC., and the Institute for Security and Development Policy, Stockholm. For 15 years, the Analyst has brought cutting edge analysis of the region geared toward a practitioner audience.

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